1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Plaintiff and the Defendant: (a) paid by the Plaintiff on January 21, 2015 the amount of KRW 50 million to be paid by the Defendant to Co., Ltd. on the grounds of the claim on behalf of the Plaintiff; (b) the confirmation that the remaining KRW 31,575,00,000 remains as advance payment after deducting the amount of credit goods from the amount of credit goods; and (c) the Plaintiff paid KRW 5 million to the Defendant on July 24, 2015; and (d) each confirmation document stating that the remaining KRW 2,98,00,00 among them remains after deducting the amount of credit goods for August 24, 2015, remains after deducting the amount of KRW 2,98,00 from the amount of goods for August 24, 2015.

According to the above facts, the defendant is obligated to pay to the plaintiff the remaining advance payment of KRW 34,573,00 (=31,575,000 won) and damages for delay calculated at the rate of 15% per annum from June 9, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.

2. The defendant's argument on the plaintiff's assertion that the advance payment that the plaintiff seeks to return is an auditor of E Co., Ltd., a telegraph of the plaintiff, and G, who was a director of the defendant, arbitrarily collected and paid goods payment claims against the defendant's business partners, and the defendant is not obligated to return them, and each certificate of confirmation prepared between the plaintiff and the plaintiff is only prepared formally as necessary for the settlement of the plaintiff'

Even if the defendant's assertion that G obtained or embezzled the defendant's claim for the return of goods proceeds, such circumstance alone does not constitute a legal justifiable ground to refuse the plaintiff's claim for return of advance payment, and there is no evidence to prove that the defendant, as a declaration of intention, did not constitute a truth, prepares each confirmation document to the plaintiff. Therefore, the defendant's assertion is all.